1997 (2) TMI 407

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Asad Alvi for the Appellant. Rakesh Sahay for the Respondent. ORDER Chowdhri, President - Brief facts necessary for the disposal of this appeal are that the complainant had been purchasing and selling shares from Ajwani & Company, Broker in Stocks and Shares. He had a running account with them. The complainant alleged certain deficiencies in the service rendered by the said broker and cl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e have heard the learned Counsel for both the parties, and have gone through the records. 3. The respondent has pleaded that the appeal is barred by limitation. The District Forum order is dated 11-8-1995. According to the appellant, application for obtaining certified copy was made on 4-10-1995 and the certified copy made available to him on 12-10-1995. The present appeal having been filed on ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....herefore, cases of deficiency relating to that service can be dealt with by the FORA constituted under the Act. 5. After hearing both the parties and going through the record we are of the view that the appeal has no merit and the same must, therefore, fail. According to the respondent, a large number of transactions of sale and purchase of shares from time to time took place in the course of m....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....istrict Forum that such as exercise cannot be undertaken in the time bound proceedings under the Act and, therefore, the complainant has been rightly relegated to his remedy before the Civil Court. 6. With regard to the contention of Mr. Alvi that the FORA exercises powers of the Civil Court, it is sufficient to point out that the argument is based on a partial reading of the provision of secti....